Superior Grill hosts a "Cinco de Mayo" block party on May 5, 2010

A popular New Orleans Mexican restaurant is being sued over a fight that left one man with cuts on his head and neck.

According to a suit filed in Orleans Parish District Court on May 4, Jefferson Parish resident John Ochello was struck in the head with a beer bottle during a Cinco de Mayo celebration at the Superior Grill restaurant and bar located on St. Charles Avenue in 2009.

Ochello blames the incident on defendant Brunett Tappel of New Orleans who was allegedly "in a drunken stupor."

Ochello is represented by New Orleans attorney Tyrone Watkins.

The suit claims that as a result of being attacked with the beer bottle, Ochello "suffered severe injuries to his head and neck and will have permanent scarring."

Superior Grill "is liable unto petitioner for its own negligence under La Civ Code Ann art 2315 and is strictly liable for things under it [sic] care custody and control because it breached its duty of care to the petitioner," the suit states.

Superior Grill allegedly served alcohol to Tappel "when he was inebriated beyond coherency" and failed "to provide adequate security to accommodate a large and potentially boisterous crowd."

Superior Grill hosts a block part for Cinco de Mayo every year that usually involves hundreds of people and a live band.

This is the third suit filed against Superior Grill Inc. involving its location on St. Charles Avenue. The other suits, filed in 1999 and 2001, were both slip and fall cases that ended up being settled out of court.

Orleans Parish Case 2010-04541

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